A Toronto cop who pleaded guilty to neglect of duty police act charges after failing to help Daniella Mallia — a woman shot to death just days after reporting threats of intimate partner violence to police — will keep his job despite the force arguing he should be fired.
Thank you for reading this post, don't forget to subscribe!In a July decision from the Toronto police disciplinary tribunal, Supt. Taufic Saliba ruled that Const. Sang Youb Lee will be demoted by one rank for at least 12 months and that he must complete any further training that the service deems necessary.
Details of the ruling were first reported Thursday by The Toronto Star.
Lee and his partner, Const. Anson Alfonso, were charged with misconduct-related offences by the Toronto police professional standards unit earlier this year for their dealings with Mallia on Aug. 15, 2022.
Mallia, 23, called police to report that her ex-boyfriend, Dylon Dowman, had been threatening and harassing her in text messages following their breakup. Lee and Alfonso spent 39 minutes talking to Mallia in an interaction captured by their body-worn cameras.
Just three days later, Mallia was shot to death in an underground parking garage. Dowman was charged with first-degree murder in connection with her killing.
Lee ‘took no action’ to protect Mallia, police alleged
In police documents outlining misconduct charges against the pair, the professional standards unit alleged that Lee and Alfonso “took no action to protect” Mallia despite having enough evidence to arrest Dowman for uttering threats.
The unit said the pair spoke with Dowman over the phone for only three minutes, warning him to stay away from Mallia and that they “improperly considered the case to be a ‘he said, she said.'” The pair also cautioned Mallia, though the evidence suggested she was a victim, according to the documents.
In an agreed statement of facts, Lee — who was on the force for just over two years at the time — admitted that he “misapprehended the evidence presented to him” and regarded the case as one of “mutual harassment.” Lee also failed to notify his supervisor about his interaction with Mallia and neglected to officially identify the call as a case of intimate partner violence.
According to the agreed statement of facts, Mallia told Lee and Alfonso that she did not want Dowman charged out of fear of retaliation, and that she didn’t want to see “another Black man go to jail.” She instead asked about how to obtain a restraining order against Dowman. However, Toronto police protocol requires charges be laid in cases of intimate partner violence if there is sufficient evidence to do so.
“Officer Lee’s actions constituted a failure to do his duty to act on information and evidence provided by the complainant,” according to the statement of facts. “His conduct constituted a substantial departure from what is expected of a reasonable police officer in these circumstances.”
Lee pleaded guilty to one count on neglect of duty on April 14. The case against Alfonso, who faces a long list of charges, is still before the tribunal. His next hearing is scheduled for Aug. 15.
Case drew public backlash
Details of Mallia’s interaction with police drew significant backlash when the charges against Alfonso were first made public in March. Police took the rare step of issuing a statement from Chief Myron Demkiw, saying that he met with Mallia’s family to tell them about the alleged misconduct from his officers, and to notify them of the police act charges laid by the force’s professional standards unit.
“As Chief, I am concerned about the alleged misconduct in this case, and want to reassure the public, particularly those who are vulnerable, that officers respond to Intimate Partner Violence calls on a daily basis, and they do so with compassion and professionalism,” Demkiw said in the statement.
“Those who fail to follow procedure or to meet our clear professional standards will be held to account.”
In her sentencing submission to the tribunal, Toronto police prosecutor Alexandra Miller argued Lee should be fired. Lee had undermined public trust in the force and left top brass questioning his future usefulness to the police service, she said.
Adjudicator outlined reasons for ruling
But Saliba, a Peel Regional Police officer brought in to serve as an outside adjudicator, found there was little precedent for outright dismissal in similar cases. He also noted that Lee had admitted guilt, co-operated with the internal investigation and demonstrated genuine remorse for his failures that day. Lee offered an emotional apology to Mallia’s family during his hearing.
“I cannot imagine the grief and agony your family is experiencing, and I understand that my apologies cannot undo the tragedy that occurred to Daniella. However, I hope that my words are a small step towards healing for your family and loved ones during this difficult time,” Lee said.
“Please know that this tragedy will always weigh heavily on me as a reminder of Daniella, and that I will remain vigilant and dedicated to the safety of our community.”
Saliba also said in his decision that he believed Lee’s “potential for rehabilitation, and hence his usefulness to TPS and the citizens of Toronto, to be quite high.”
In choosing only to demote Lee, Saliba said he also took into consideration the fact that Lee’s training at the Ontario Police College and Toronto Police College had been cut short by the COVID-19 pandemic, and that he never took specialized courses on intimate partner violence.
The Toronto Star also previously reported that Mallia’s father and two sisters, who all spoke at the April hearing, said they had forgiven Lee and did not wish for him to lose his job.
‘All of the alarms would have gone off’
Marissa Kokkoros, executive director of Aura Freedom International, an organization working to end violence against women and girls, said she has followed the cases of constables Lee and Alfonso closely. Kokkoros told CBC Toronto she wasn’t surprised at Saliba’s decision, but said Lee’s actions were part of the larger “epidemic” of male violence against women.
“Just the fact he thought he had done his job that day, that he had attributed it to a ‘he said, she said’ moment — that is part of the epidemic. The lack of police training, the negligence within systems,” she said.
Kokkoros said these kinds of cases deter survivors of intimate violence partner from seeking help.
“Daniella had the courage to seek support from the police, something many intimate partner violence survivors won’t do … That was her way out. Lee had a responsibility to make sure Daniella was protected,” she said.
Kokkoros said there were a number of known risk factors for intimate partner in this instance, such as a recent separation, threats of violence, harassment and access to a firearm.
“If there had been a risk assessment done, all of the alarms would have gone off,” she said.
